Can I sue her for NOT getting remarried?


#1

We do not have a court ordered agreement, she filed and was granted an absolute divorce. We (naively) did our own separation agreement and had it notarized, so it is just a contract. Terms to terminate alimony are half the time we were married or actual remarriage. Cohabitation was not written into the contract, and she has a guy living there for over 2 years now, I am hosed. They got engaged in November, my question is can I sue her for just riding the Alimony train? That is avoiding actually getting married in order to keep collecting the monthly checks? I read there has been precedence set in this area, but can not find it now. Proving it will not be a problem as three kids live in the same house and she is a social media addict…


#2

You cannot sue your ex-wife for cohabitating with her fiancé. Your separation agreement (contract) controls, and it does not provide for alimony to terminate if she cohabitates. According to your agreement, you may only stop paying alimony at the date certain (which represents half the amount of your marriage) or when she remarries.


#3

Anna,
That is not the question I asked. I am painfully aware that I can’t stop until the terms have been met. I have read somewhere that precedence has been set in similar cases where marraige has been avoided strictly to continue collecting alimony. I can not find where I read this. Are you familiar with any similar cases?
Thanks


#4

You cannot sue her for cohabiting with her fiancé. Since you have a separation agreement (contract), the only way that you could get into court is for a breach of contract suit (if your agreement does not require mediation or arbitration).

Unless there is language to the contrary in your agreement, she is not breaching the agreement by cohabitating for any length of time. If you were to stop paying alimony, and thus be violating the agreement, she would have a cause of action for breach of contract, and you would then use your defense of cohabitation but avoiding marriage for the sole purpose of continuing to collect alimony.

I’m not aware offhand of case law that addresses that exact issue.


#5

Thanks~